Title VI Requirements for FHWA Subrecipients
The following is a summary of items that are required as part of a subrecipient’s Title VI program. Click here for a printable version of these requirements.
Title VI of the Civil Rights Act of 1964 and related non-discrimination statutes require that recipients of federal financial assistance ensure that no one is excluded from participation in, denied the benefits of, or subjected to discrimination on the basis of race, color, national origin, sex, age, or disability in any federally-assisted program and activity. Title VI should not be confused with Title VII, which prohibits employment discrimination.
For Title VI purposes, the term “program or activity” means all of the operations of a department, agency, special district, or other instrumentality of a local government. For example, if a local agency’s public works department receives any federal financial assistance, Title VI program requirements apply to every part of that public works department whether federally funded or not. However, Title VI program requirements do not apply to all other departments of the local agency unless the federal assistance is transferred to such departments.
While the original Title VI law only prohibits discrimination on the basis of race, color and national origin, FHWA’s “Title VI Program” incorporates related statutes that have been passed since 1964 and, therefore, prohibits discrimination on the basis of race, color, national origin, sex, age, and disability. Subrecipients must also comply with federal policies regarding environmental justice and limited-English proficiency. The U.S. Department of Transportation (USDOT)’s Title VI implementing regulations are contained in 49 CFR Part 21 and the Federal Highway Administration (FHWA)’s Title VI regulations are in 23 CFR Part 200.
Agencies that receive federal funds from CDOT are referred to as subrecipients. Subreciepients that receive FHWA funds through CDOT are required to establish a Title VI program that is subject to review by CDOT pursuant to 23 CFR 200.9(b)(7). The purpose of the program is to not only prohibit discrimination but to ensure non-discrimination through policies, procedures and regular program reviews.
CDOT’s Civil Rights & Business Resource Center (CRBRC) monitors CDOT subrecipients for Title VI compliance. The following is a summary of items that are required as part of a subrecipient’s Title VI program.
Title VI Plan
Title VI Plan
Subrecipients are required to submit a Title VI Plan to the CRBRC that documents procedures used for complying with FHWA’s TItle VI requirements.
Creating your Title VI Plan:
Language Assistance Plan
Language Assistance Plan
LEP individuals are those individuals for whom English is not their primary language and have a limited ability to speak, read, write, or understand English. Failure to provide language assistance for LEP persons may result in national origin discrimination. Therefore, pursuant to Executive Order 13166, FHWA subrecipients are required to perform an LEP analysis of their service area and develop a plan for providing language assistance and outreach to LEP populations.
The following is the four-factor analysis which should be used to determine what measures are necessary provide meaningful access for LEP individuals:
Identify the number or proportion of LEP persons likely to be encountered by the subrecipient.
Determine the frequency with which LEP persons come into contact with the subrecipient.
Determine Importance of the program, activity, or service provided.
Identify the resources available to the subrecipient and the costs.
For more information about completing the four factor LEP analysis and developing a Language Assitance Plan, refer to the USDOT’s LEP Guidance.
The Language Assistance Plan must be distributed throughout the subrecipient’s agency. The agency should record requests for language assistance and measures taken to assist LEP Persons. This information must be included in the annual report to CDOT.
Adherence to Environmental Justice Principles
Executive Order 12898 directs federal agencies to identify and address the disproportionately high and adverse human health and environmental effects of their actions on minority and low-income populations. Subrecipients are required to comply with the federal government’s Environmental Justice (EJ) policy by integrating EJ principles into their programs. This can be accomplished by describing how minority and low-income data is collected, describing how EJ populations are included in public participation activities, and analyzing how a subrecipients’ actions impact EJ populations. For more information, visit CDOT’s Environmental Justice webpage.
Annual Goals & Accomplishment Report
Annual Goals and Accomplishment Report
The subrecipient is required to prepare an annual report describing its Title VI compliance efforts for each program area from the previous year. A summary of Title VI complaints must also be included. The report will also include the subrecipient’s goals and work plan for the following year. Subrecipients can satisfy this requirement by completing CDOT’s subrecipient Annual Goals and Accomplishment Report template, which will be available soon.
CDOT Compliance Reviews
CDOT Compliance Reviews
CDOT is responsible for conducting compliance reviews of its subrecipients. Compliance reviews focus on determining whether the subrecipient has met the criteria of FHWA’s Title VI program and how effective the subrecipient is at ensuring nondiscrimination. CDOT staff may evaluate the subrecipient’s Title VI Plan and related documents, interview individuals with Title VI responsibilities, and/or conduct a site visit as part of the process.
Completed Title VI and Language Assistance Plans should be readily available for CDOT review. If you would like assistance in completing these plans, contact the CDOT CRBRC at the information provided below.
Title VI Resources
- Title VI Plan Template
- U.S. DOT LEP Guidance
- FHWA Investigating External Complaints of Discrimination
- Federal-aid Essentials for Local Public Agencies: Title VI/Nondiscrimination
Katherine Williams, Title VI Supervisor